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Complete revisal of all the acts of Assembly, of the province of North-Carolina, now in force and use: together with the titles of all such laws as are obsolete, expired, or repealed: with marginal notes and references, and an exact table to the whole

LAWS of North-Carolina. 52.
of the Peace, and every of them, at all Times during their Continuance in their ^- D. x-j-jy
Office, as well widiin their Inferior Court of Pleas and Quarter Seflions as without, »——v~—
(hall have full Power and Authority, as amply and as fully, to all Intents and Pur-pofes,
as the Jultices 01 rhe Peace in the Counties of England, to preferve, maintain,
and keep the Peace v/ithin their relpeftive Counties.
LXI. AND k it further Enacted, by the Authority afcrefaid. That the faid In- ^'"^'^ •*«"' ">
fericr Courts refpeftivtly fhall and may, by Summons or other legal Procefs, upon wii..'''^''"'
"^
Application maJe to them, compell any Perfon or Peribns whacioever, having in
their PofTcfrTon any Will or Tcftament of any deceafed Perion, to exhibit the lame
to the Court, in Order to a legal Probation thereof, and alfo to rective the Probate
of Wills, and order the fame to be recorded, and make Orders for ifiuins Letters
Tellamentary and Letters of Adrniniltration ; and the Cieik fliall and may take
Two Shillings and Light Pence for recording each Willi
C.ivcats are cn»
tcred.
Clet-ks to take
the Oaths.
LXII. PR V ID E D ak'jays. That any Perfon who hath a Ric;ht to execute
a Will, or to adminifter the Eftate of any Intcitate, who fhali thmk hinitclf irjurtd
by fuch Older, may enter a Caveat in the Court wherein fuch Order fliall be made,
againil the Perlbn obtaining the lame -, and the Secretary, and his Deputy, fhall
forbear to feal and counterf.gn Letters Tefiamcntary or of Adminiftrarion, till the
Matter in Controverly Ihaii be reheard and determined before the Governor, or
Commander in Chief for the Time being, and Council.
LXill. AND he it further Enacted, by the Authority aforefaid. That every PeN
fon nominated and appoinjced Clerk of any Inferior Court, betore his entering upon
and executing the fv.cl Omce, fhali take the Oaths by Law appointed for the Qiia-
'.fication of Public Oiiicers, repeat and fubfcribe the Ttlf, and alfo take the follow-ing
Oath, to wit,
I
A. B. do /wear, That I will well and truly execute the Office cf Clerk of the Inferior
Court of Pleas and ^mrter Scjfwns for the County of according; to the befi of
my Skill and Ability. SO HELP ME GOD.
LXIV. A N D for the better Prefervatlon of Wills, Be it further Enacted, by win, to Krt,ain
the Authority aforefaid. That all original Wills fhall remain in the Clerk's Office, j^^J^'''
'-''"'''•
among the Records ot the re pe6live Counties where they fhall be proved ; where-unto
any Perfon may have Recourfe as to the other Records, except for the Time
the fame fhall or may be removed before any other Court, upon the Determination
of any Con trover fy.
CV. AN D be it further Ena^ed, by the Authority aforefaid, 'That the Clerk of clerks to tr^nf-
Infenor Court aforcjaid, in the Month of Oi/(?^fr annually, ffiall return to '^lll'^l^^^^f^.
LXV.
every
the Secretary s Ofhce a Lilt oi all Certificates for obtaining Probates or Ada;iniflra- cteurj-s office,
tions, granted by their refpedive Courts from Time to Time, containing the Names
of the Teftators or Inteilates, their Executors or Adminilfrators, and the Names
of the Securities ; which Lifts the Secretary is hereby required to caufe to be re-corded
in his Office, alphabetically, in Books for that Purpofe, and fhall and may
take and receive Two Shillings and Eight Pence, Proclamation Money, for every
fuch Order therein mentioned.
LXVI. ANT) be it further Ena!^ed, by the Authority aforefaid. That the At-torney
General is hereby authorii^ed and required to appoint a Deputy in each County
within this Province, which faid Deputy in.dl and may profeeute all Matters cog-nizable
in the Inferior Court of Fleas and Qiiarter Stffiuns for and in Behalf ot his
Majcflv, and fhall take and receive Thirteen Shillings and Ft.ur Pence, Proclama-tion
Mj->ey, on each and every Bill of Indidment found, or Prcfentment made, in
the faid Court, in which he or his Deputy fliall be.
Attrrnfy Cf-ne-r:'
l to appimt a
Depiity in every
C unty.
LXVII. A NT)

LAWS of North-Carolina. 52.
of the Peace, and every of them, at all Times during their Continuance in their ^- D. x-j-jy
Office, as well widiin their Inferior Court of Pleas and Quarter Seflions as without, »——v~—
(hall have full Power and Authority, as amply and as fully, to all Intents and Pur-pofes,
as the Jultices 01 rhe Peace in the Counties of England, to preferve, maintain,
and keep the Peace v/ithin their relpeftive Counties.
LXI. AND k it further Enacted, by the Authority afcrefaid. That the faid In- ^'"^'^ •*«"' ">
fericr Courts refpeftivtly fhall and may, by Summons or other legal Procefs, upon wii..'''^''"'
"^
Application maJe to them, compell any Perfon or Peribns whacioever, having in
their PofTcfrTon any Will or Tcftament of any deceafed Perion, to exhibit the lame
to the Court, in Order to a legal Probation thereof, and alfo to rective the Probate
of Wills, and order the fame to be recorded, and make Orders for ifiuins Letters
Tellamentary and Letters of Adrniniltration ; and the Cieik fliall and may take
Two Shillings and Light Pence for recording each Willi
C.ivcats are cn»
tcred.
Clet-ks to take
the Oaths.
LXII. PR V ID E D ak'jays. That any Perfon who hath a Ric;ht to execute
a Will, or to adminifter the Eftate of any Intcitate, who fhali thmk hinitclf irjurtd
by fuch Older, may enter a Caveat in the Court wherein fuch Order fliall be made,
againil the Perlbn obtaining the lame -, and the Secretary, and his Deputy, fhall
forbear to feal and counterf.gn Letters Tefiamcntary or of Adminiftrarion, till the
Matter in Controverly Ihaii be reheard and determined before the Governor, or
Commander in Chief for the Time being, and Council.
LXill. AND he it further Enacted, by the Authority aforefaid. That every PeN
fon nominated and appoinjced Clerk of any Inferior Court, betore his entering upon
and executing the fv.cl Omce, fhali take the Oaths by Law appointed for the Qiia-
'.fication of Public Oiiicers, repeat and fubfcribe the Ttlf, and alfo take the follow-ing
Oath, to wit,
I
A. B. do /wear, That I will well and truly execute the Office cf Clerk of the Inferior
Court of Pleas and ^mrter Scjfwns for the County of according; to the befi of
my Skill and Ability. SO HELP ME GOD.
LXIV. A N D for the better Prefervatlon of Wills, Be it further Enacted, by win, to Krt,ain
the Authority aforefaid. That all original Wills fhall remain in the Clerk's Office, j^^J^'''
'-''"'''•
among the Records ot the re pe6live Counties where they fhall be proved ; where-unto
any Perfon may have Recourfe as to the other Records, except for the Time
the fame fhall or may be removed before any other Court, upon the Determination
of any Con trover fy.
CV. AN D be it further Ena^ed, by the Authority aforefaid, 'That the Clerk of clerks to tr^nf-
Infenor Court aforcjaid, in the Month of Oi/(?^fr annually, ffiall return to '^lll'^l^^^^f^.
LXV.
every
the Secretary s Ofhce a Lilt oi all Certificates for obtaining Probates or Ada;iniflra- cteurj-s office,
tions, granted by their refpedive Courts from Time to Time, containing the Names
of the Teftators or Inteilates, their Executors or Adminilfrators, and the Names
of the Securities ; which Lifts the Secretary is hereby required to caufe to be re-corded
in his Office, alphabetically, in Books for that Purpofe, and fhall and may
take and receive Two Shillings and Eight Pence, Proclamation Money, for every
fuch Order therein mentioned.
LXVI. ANT) be it further Ena!^ed, by the Authority aforefaid. That the At-torney
General is hereby authorii^ed and required to appoint a Deputy in each County
within this Province, which faid Deputy in.dl and may profeeute all Matters cog-nizable
in the Inferior Court of Fleas and Qiiarter Stffiuns for and in Behalf ot his
Majcflv, and fhall take and receive Thirteen Shillings and Ft.ur Pence, Proclama-tion
Mj->ey, on each and every Bill of Indidment found, or Prcfentment made, in
the faid Court, in which he or his Deputy fliall be.
Attrrnfy Cf-ne-r:'
l to appimt a
Depiity in every
C unty.
LXVII. A NT)